Demediuk v Demediuk

The case of Demediuk v Demediuk involved a dispute over the validity of a will. The deceased, Mrs Demediuk, had left behind a will that was to be probated. However, the original last page of the will containing the signatures of the testator and the witnesses could not be located. Instead, a photocopy of this last page was provided by the testator to the executor. The court was tasked with determining whether the presumption of revocation of the will by the testator, known as the "animo revocandi," had been rebutted in light of this situation.

The legal issues before the court were whether the circumstances preceding and contemporaneous with the execution of the will could be considered to rebut the presumption of revocation and whether the amended grounds of objection to the grant of probate could be admitted. The court examined relevant cases such as Welch v Phillips, McCauley v McCauley, Sugden v Lord St Leonards, and Cahill v Rhodes to assist in its decision-making.

In determining the matter, the court found that the circumstances surrounding the execution of the will were indeed relevant and admissible in considering whether the presumption of revocation had been rebutted. The court ultimately concluded that the presumption had been successfully rebutted, leading to the allowance of the amended grounds of objection to the grant of probate. Consequently, the court granted the probate of the will, subject to the objections raised.